Docktown Hearing Officer Korade's Decision on my Appeal

HEARING OFFICER DECISION
APPEALS UNDER THE DOCKTOWN PLAN

Appellant: Tania Sole
Dwelling: Berth XX at Docktown Marina
Appeal under the Docktown Plan. The Docktown Plan is available at:
https://www.redwoodcity.org/ho....

Date, Time, and Location of Appeal Hearing:
JuJy 20,2017 at 11:00 AM
Sandpiper Community Center, 797 Redwood Shores Parkway, Redwood City, CA 94065

Present at Appeal Hearing:
Hearing Officer Carol Korade
9 Chatham Pt.
Alameda, CA94502
xxx.xxx.xxxx
xxxyyyzzz@grnail.com

Appellant Tania Sole
1548 Maple Street, xx
Redwood City, CA 94063
xxx-xxx-xxxx
xxxyyzzz@aaabbb.org

Diana Reddy
Community Builder
Housing Leadership Council
2905 S. El Camino Real
San Mateo, C4944403
xxx.xxx.xxxx
,i.ra16y(Dhlcsr11c.0 l'0

Maggie Harry, Relocation Agent for Overland Pacific Cutler, Inc. ["OPC")
790L Oakport, Suite 4800
Oakland, CA94621.
xxx.xxx.xxxx
xxxx@-qp cs e rv i c es. c o m

Documents provided to Appellant at the Hearing:
Docktown Plan, pages 1-32
Separate copy of Docktown Plan, page 6
Cover letter prepared by Hearing Officer
Docktown Eligibility Criteria prepared by Hearing Officer
Packet from OPC

The following documents in addition to those in the OPC packet were submitted by
Appellant during the Appeal Hearing or within 2 business days after the Appeal Hearing:
July 24 email
Invoices from Redwood City Finance Department, October -December 2016
Certificate of Title from State Department of Housing and Community Development
California Driver License
Page 4 of Letter from Burke Williams and Sorenson dated December B,201, labeled
December 12,2076 Letter Council Meeting
Paragraph labeled CA SLC 1,2/20/1,978 Berkeley Ordinance
Page TS,labeled SF BCDC
Online Voter Information
Email dated July 6, 2017 providing the following Information/links for discussion and
review at the Appeal Hearing:
BCDC link:
http://www.bcdc.ca.gov/publica...
pdf page 75 - 10 %o rule adopted ]uly 1985
SLC link: http : / / ar chives.slc. ca.gov/M eeting_Summarie s / 19 7 B _D o cum ents/ 1 2 - 2 0-
7B /ltems /Minutes.pdf
SLC live aboard approval Page 6 of7 on pdf[Page 2 - 2660)
December 12th legal response to William Parkin:
http/lagendas,rerlrvoodcity,oi g/sirepub/cach e l2 /1t3mz,?sjr,v44u ch54.grasxn:lk2/2 149BS 0
7 0$ZAt7 A94940 13 7,F,DF page 4 comments

The following documents in addition to those in the OPC packet were submitted by OpC
during the Appeal Hearing or within 2 business days after the Appeal Hearing:
Live Aboard Rent Agreement
Process for Appeal: Presentation by Appellant; Presentation by OPC; Rebuttal by Appellant;
Questions from Hearing Officer; Decision taken under submission. Copy of decision sent by
regular mail and a courtesy copy emailed to Appellant and OPC.

ISSUE PRESENTED AND DECISION:
Notice of Eligibility ("NOE") / Notice of Ineligibility ("NOI") statement: OpC issued a Notice
of Ineligibility to Appellant Sole. Appellant's appeal raised the issues discussed below.
Issue: Timely Submission of Documentation to 0PC
Summary of Issue: Appellant Sole requests a waiver of the timeline for submittal eligibility
documents to 0PC.
Docktown Plan pages 17 -18 set forth a process for determining the relocation assistance
eligibility for potential Households. The Docktown Plan, on page 17-18, states, "lnformation
and documents ["EIigibility Documents") requested by OPC must be returned to OPC within
30 days." Page 1B of the Docktown Plan states, "Any Household that has been determined
not to be eligible to receive assistance under the Relocation Assistance Program, that fail to
return any requested Eligibility Documents to OPC within 30 days... will be issued a Notice
of Ineligibility." Appellant Sole did not submit the Eligibility Documents ro OPC by the due
date, Febru ary 24,2017 . Appellant Sole was issued a Notice of Ineligibility on June 1,201.7 .
During the Appeal hearing, Appellant Sole addressed her failure to participate in the
relocation assistance process under the Docktown Plan, including to refusal to attend an
initial eligibility interview and submit any Eligibility Documents to OPC by February
24,20L7. The documentation in the OPC packet includes a copy of their January 10,2017
Relocation Eligibility Interview Letter which states:
"ln order to be eligible for relocation assistance you must meet with OPC and submit
all documentation requested below no later than February 9, 2017. Your
participation in this process and provisions of this information is voluntary, but if
you do not complete your interview and provide the required information, you will
not receive the type and amount of assistance you may be eligible to receive."
The OPC packet also includes the Relocation Eligibility Interview Letter - Follow Up letter,
dated February 10, 2017, which states:
"ln an effort to ensure every tenant at Docktown Marina who is interested has the
opportunity to contact us to schedule an interview OPC will be extending the initial
cutoff date an additional two weeks to February 24,201,7 . You were previously
advised that in order to be eligible for relocation assistance, you must meet with
OPC no later than February 9,201,7."
OPC states that it also attempted to contact Appellant Sole by telephone, but those efforts
were unsuccessful.
\.
Appellant Sole acknowledged receipt of these 0PC letters and stated that she intentionally
chose to not participate in the relocation assistance process under the Docktown Plan by
the known deadline of February 24,2017 . Appellant Sole did not attend or schedule an
initial Eligibility Interview with OPC. Appellant did not submit any Eligibility Documents to
OPC by February 24,2017 . Appellant Sole stated during the Appeal Hearing that she is
seeking only the remedies from the California Relocation Assistance Act and to remain at
Docktown Marina past February 28,2018 from this Appeal. Appellant Sole stated that she
will not sign the Agreement to Relocate. Appellant Sole stated at the Appeal Hearing that the
ongoing legal actions are still pending and have not yet addressed or resolved her issues but
that she expects that they will do so in the future. Appellant Sole requests a waiver of the
timeline for submittal of eligibility documents in order to preserve her options.
Appellant admits that she intentionally chose not to participate in the Docktown Plan
process and thus intentionally did not submit any documentation to support an eligibility
determination by OPC. Appellant Sole also stated at the hearing that she is only seeking the
remedies from the California Relocation Assistance Act and to remain at Docktown Marina
past February 28,2018 from this Appeal. Appellant Sole has not presented sufficient
evidence or any reasonable argument for failing to submit eligibility documentation in a
timely manner.

DECISI0N: The Appeal of the waiver of the timeline for submittal of eligibility documents to
OPC is denied. Appellant Sole intentionally chose to not comply with the known deadlines
for consideration of eligibility under Docktown Plan.

ADDITIONAL ISSUES:
Notwithstanding the discussion above, the Appellant has not raised issues either in writing
or verbally during this Appeal that are within the scope of the Hearing Officer's jurisdiction
under the Docktown Plan. Specifically, Appellant only raised the issues of the Applicability
of the California Relocation Assistance Act and other laws, and Appellant's request to stay at
Docktown Marina after February 28,2018. As explained below and during the Appeal
Hearing, these issues are outside the scope of this Appeal as the role and scope ofthis
Appeal is limited to challenging either the eligibility determination and/or form and/or
amount of relocation assistance determination as set forth in the Notice of Eligibility or
Notice of Ineligibility received pursuant to the Docktown Plan.

Issue A: Applicability of California Relocation Assistance Act and other laws
Summary of the Issue: An issue pertaining to the applicability of the laws such as the
California Relocation Assistance Law and other state/federal laws has been raised. This
issue is outside the scope of this Appeal.
The Hearing Officer's jurisdiction over the Appeal is reflected in the following paragraph,
which was read to the Appellant, at the start of the Appeal:
"This is an Appeal of the determination of the eligibility and amount of relocation
benefits under the Docktown Plan. I do not have jurisdiction to consider or award
any relocation benefits under the California Relocation Assistance Act or any other
Iaw. The intent of the Docktown Plan and the scope of the benefits are stated on
page 6 of the Docktown Plan. The City of Redwood City has entered into this
voluntary assistance program and established the amount of benefits and the
eligibility criteria. My role is solely to determine if the Plan has been fairly applied
-t
and that you have received the benefits to which you are entitled to under this
Docktown PIan."
The Hearing Officer handed out a copy of the text of the Docktown plan, pages 1-32, at the
start of each Appeal Hearing. The Hearing Officer also handed out a separate copy of page 6
of the Docktown Plan as it contained the section titled "lntent of the Docktown plan." This
section states:
"lntent of the Docktown Plan
The Docktown Plan is intended to provide the City and persons impacted by
relocation of Households at Docktown with a reasonable relocation process and
schedule, relocation advisory assistance, and a benefits program to eligible Tenants
and Subtenants. There is no specific law or statute in the State of California that
applies to the relocation of Live Aboard occupancy at Docktown, cessation of use, or
the change of use of marinas. The relocation of the types of Households discussed in
the Docktown PIan does not fall under or trigger any requirements under the
California Relocation Assistance Law, California Relocation Assistance and real
Property Acquisition Guidelines, or California Floating Home Residency Law."
Despite no legal requirement to provide any relocation benefits, the City is focused on
ensuring a smooth transition for Docktown community members. Thus, the City Council
directed the development of this Relocation Assistance Program ["Program"), which
includes both advisory and financial assistance benefits for all 'Tenants and Subtenants. The
Program is designed to assist in relocating Dwellings to a new marina slip or locating a new
land-based residence, including financial assistance. In addition, the Program provides
enhanced benefits to those who qualify as Seniors, Disabled Persons, Veterans or LowIncome
Households. While relocation benefits are not required under state law, the City
believes that identifying a process for evaluating the needs of Docktown Households and
the potential provision of relocation assistance is consistent with the City's goals of equity
and providing affordable housing assistance."
The Appeal process is described on page 1B of the Docktown Plan. Each Notice of Eligibility
("NOE"J and Notice of Ineligibility ("NOI") includes a Disclosures section, which states, inter
alia:
"The Relocation Assistance Plan has several components. It is important that you
carefully read and understand the matters explained in this notice. Any person who
does not agree with a determination as to the eligibility for, or the amount of, a
payment authorized by the City's Relocation Assistance Program may Appeal the
determination contained in the Notice of Eligibility by filing with the City Manager a
Notice of Appeal within 15 days of the date of this Notice of Eligibility. Upon receipt
of a timely filed Appeal, the City Manager or his/her designee shall fix a time and
place for Hearing on the Appeal. Complete details on the Appeal procedures are
available upon request from OPC."
The role and scope of this Appeal is limited to challenging either the eligibility
determination and/or form and/or amount of relocation assistance determination as set
forth in the Notice of Eligibility/ Ineligibility received pursuant to the Docktown plan. The
applicability of the California Relocation Assistance Act or any other state or federal laws is
beyond the scope of this Appeal.

DECISION: Appeal on the issue of applicability of California Relocation Assistance Act
and other laws is denied.

Issue B: Remaining at Docktown Marina beyond February 28,2018
Summary of the Issue: Appellant Sole requested remaining at Docktown Marina beyond
February 28,2018. This issue is outside the scope of these Appeals.
Appellant Sole was served with the Docktown Relocation Notice requiring Appellant to
vacate Berth B6 on or before February 28,201,8. The Docktown Relocation Notice provided
to Appellant Sole on June 1, 2017 contains the following notice:
"Notice is hereby given that pursuant to California Civil Code Sections 1946 and
1946.1and Paragraph 4 of your Live Aboard Rental Agreement, your month to
month tenancy at 1548 Maple Street, Berth xx in Redwood City is hereby being
terminated by the City of Redwood City effective February 28, 201,8 and you are to
quit and deliver up possession of the premises located at Berth 86 at Docktown on
or before February 28,2018. If you do not vacate the premises by February 28,
2018, the City will initiate legal proceedings to recover possession of the premises,
together with any rents and damages."
The role and scope of this Appeal is limited to challenging either the eligibility
determination and/or form and/or amount of relocation assistance determination as set
forth in the Notice of Eligibility/ Ineligibility received pursuant to the Docktown Plan.
Extending the time for vacating Berth 86 or altering the Docktown Relocation Notice are
beyond the scope of this Appeal.
In addition, the Docktown Plan states on page 21
t
"Live Aboard Tenant / Tenant With a Sub-tenant will receive one hundred eighty
[180] days' notice. Tenants who actively attempt to sell their Dwelling by publicly
listing or offering their Dwelling for sale to a party who will relocate the Dwelling
from Docktown may be provided up to one six-month extension of the notice at the
City's discretion. Examples of such actions include providing listing agreements and
advertisements showing the dates and means/methods of listing. In no event will a
Live Aboard Tenant or Tenant with a Sub-tenant be provided any greater than one
year to vacate Docktown under this Notice and Plan."
I
The provisions of this section refer to a future discretionary act: Tenants may be provided
up to one six month extension of the notice at the City's discretion. Any future discretionary
decision by the City is beyond the scope of this Appeal. Extending the date by which
Appellant Sole is required to quit and deliver up possession of Berth 86 is outside the scope
of this Appeal.

DECISION: Appeal on the issue of Remaining at Docktown Marina beyond February 28,
2018 is denied.

HEARING OFFICER SIGNATURE AND DATE
"rnfi a-\ s- 0L7
Carol Korade
Hearing Officer

NOTICE UNDER CODE OF CIVIL PROCEDURE SECTIONS 1094.5 AND 1094.6
THE DECISION OF THE HEARING OFFICER ON THIS APPEAT IS FINAT ANY ACTION
CHALLENGING THE DECISION OF THE HEARING OFFICER MUST BE FILED WITH THE
SUPERIOR COURT OF THE COUNTY OF SAN MATEO PURSUANT TO CODE OF CIVIL
pRocEDURE SECTIONS 1094.5 AND 1094.6. JUDICIAI REVIEW MUST BE SOUGHT
WITHIN 90 DAYS AFTER THE DATE OF THIS DECISION, UNTESS A SHORTER TIME IS
REQUIRED BY STATE OR FEDERAL tAW.